SB 188 (CROWN Act) adds new definitions to the Fair Employment and Housing Act to include protections for hairstyles and traits historically associated with race.
Vazquez, Garcia, AB 5, and all the latest on Dynamex.
Kelly A. Knight to present at the Daily Journal's Annual Employment Law Forum on July 11, 2019, presenting key case and legislative updates that employment practitioners need to know.
Economy v. Sutter East Bay Hospitals (Cal. Ct. App. 1st Dist. Feb. 4, 2019)
Ward v. Tilly’s, Inc. (Cal. Ct. App. 2nd Dist. Feb. 4, 2019)
Morgan v. Davidson, Cal. Ct. App. 4th Dist. no. E068344 (Nov. 27, 2018).
Huerta v. Kava Holdings, Inc., 2018 WL 5961895 (Cal. Ct. App. 2nd Dist. (Nov. 14, 2018))
Garcia v. Border Transportation Group, LLC, Cal. Ct. App. 4th Dist. no. D072521 (Oct. 22, 2018), as modified (Nov. 13, 2018).
Huff v. Securitas Security Services USA, Inc., 23 Cal. App. 5th 745 (May 23, 2018), review denied (Aug. 8, 2018): a broad interpretation of the scope available to PAGA representatives in Labor Code-enforcement actions.
Kelly A. Knight to provide mediation services through top-flight ADR provider Judicate West throughout California
New Code of Civil Procedure section 1001 prohibits confidentiality provisions in settlement agreements for claims of sexual harassment and certain other claims (except re the claimant’s identity or amount of the settlement), with certain exceptions; new law effective January 1, 2019.
California Governor signs Senate Bill 954 into law, imposing specific disclosure obligations on attorneys before their clients agree to participate in mediation.
Canales v. Wells Fargo Bank, N.A., 23 Cal. App. 5th 1262 (May 30, 2018)
Troester v. Starbucks Corp., Cal. no. S234969 (July 26, 2018). De minimis doctrine did not apply to state-law wage-and-hour claims by Starbucks employee who worked four to ten minutes each workday off the clock (e.g., transmitting daily sales data and locking up the store).
AB 2770, Irwin. Privileged communications: communications by former employer: sexual harassment.
Padda v. Superior Court, Cal. Ct. App. 4th Dist. no. E070522 (June 11, 2018): Court of Appeal orders trial court to grant a trial continuance where expert witness was ill
Raines v. Coastal Pacific Food Distributors, Inc., Cal. Ct. App. 3d Dist. (May 22, 2018): PAGA actions to enforce Labor Code section 226(a) do not require a showing of actual injury; actual injury is only required to secure actual or statutory damages under section 226(e), but is not required to prosecute an enforcement action to secure an employer’s compliance with the Labor Code
Epic Systems Corp. v. Lewis, 584 U.S. ___, U.S. Supreme Ct. no. 16-285 (May 21, 2018)): employment arbitration agreements can prohibit employees from being able to bring class actions, collective actions, and any other type of action other than an individual action in arbitration. Employees who sign such agreements may be bound to have their disputes adjudicated in private arbitration and solely on an individual basis.